2016 (6) TMI 898

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....2. While admitting the matter on 16.07.2001, the following substantial questions of law were framed by the Court for consideration :- "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in adjudicating a ground of appeal not taken by the Department viz. whether the surplus of service charges i.e. total service charges less expenses connected therewith is to be excluded from the total profit of the business? 2. Whether, on the facts and in the circumstances of the case, the  Tribunal was right in holding that such surplus is to be excluded from the profits of business for arriving at export profit under sec. 80HHC? 3. Whether, on the facts and in the circumstances of the case, the Tribu....

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....the said judgment to the present case, we are of the view that, in this case, the AO had granted depreciation in respect of 42,000 bottles out of the total number of bottles (5,46,000), by reason of the impugned judgment. That benefit is sought to be taken away by the Department, which is not permissible in law. This is the infirmity in the impugned judgment of the High Court and the Tribunal." Learned Counsel for the appellant has taken this Court to the relevant issues raised in this Appeal which are detailed hereunder :- As per U/s. Profit of Business x Export Turnover --------------- Total Turnover 80HHC Relie Assessee   2,08,55,959 x 3,02,19,746 --------------- 3,20,09,756 =19689678 Assessing Officer ....

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.... 158BC, in respect of search initiated under section 132 or books of account, other document or any assets requisitioned under section 132A, after the 30th day of June, 1995, but before the 1st day of January, 1997; or (ba) an order passed by an Assessing Officer under sub-section (1) of section 115VZC; or (c) an order passed by a [Principal Commissioner or] Commissioner [under section 12AA [or under clause (vi) of sub-section (5) of section 80G] or] under section 263 [or under section 271] [or under section 272A] [***] or an order passed by him under section 154 amending his order under section 263] [or an order passed by [Principal Chief Commissioner or] Chief Commissioner or a [Principal Director General or] Director Ge....